January 2024 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for January 2024. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare, and the environment.

Formal enforcement actions are taken to achieve compliance with law/regulations; remediate environmental damage; restore natural resources to appropriate conditions; impose penalties that capture the gravity of the situation and any economic benefit gained by the alleged violator; and deter similar actions in the future. Formal enforcement is generally in the form of a Notice of Violation (NOV) that alleges certain facts and violations, contains orders to resolve the alleged violations, contains an assessed penalty with supporting documentation regarding what factors the OC&I used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Rhode Island Department of Environmental Management (RIDEM) Administrative Adjudication Division (AAD). Since most NOVs are contested cases, the OC&I does not generally discuss the case with the public while the matter is awaiting hearing or pending negotiated settlement. NOVs are subject to release under the Access to Public Records law in Rhode Island. A copy of an individual NOV may be obtained through the RIDEM's Office of Customer and Technical Assistance. The OC&I often resolve formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media Inquiries: Direct questions to dem.communications@dem.ri.gov. File Reviews: Requests for public records should be emailed to Angela Spadoni or visit dem.ri.gov/filereview for more on the APRA request process.

Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

January 17, 2024 – Underground Storage Tank File No. OCI-UST-23-56-01261 re: Saed Mahmoud for a property located at 3344 West Shore Road, Assessor’s Plat 364, Lot 17 in Warwick, Rhode Island.  The property includes a motor fuel storage and dispensing system and a convenience store (facility).  3344 W.Shore Rd, LLC owns the property.   The Rhode Island Secretary of State revoked the Certificate of Registration for 3344 W.Shore Rd, LLC on or about October 11, 2022.  Saed Mahmoud is the last known resident agent of the company. Seeno mini mart inc was or is an operator of the facility.  The Rhode Island Secretary of State revoked the Certificate of Registration for Seeno mini mart inc on or about September 12, 2023.  Saed Mahmoud is the last know president of the company.  OC&I alleges that Respondent violated Rhode Island's Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

January 22, 2024 – Underground Storage Tank File No. OCI-UST-23-51-LS 28171A-ST re: 21 PEACE STREET, LLC for property located at 21 Peace Street, Assessor’s Plat 44, Lot 259 in Providence, Rhode Island.  The property includes a hospital building and campus (facility).  Respondent owns the property.  Three underground storage tanks used for the storage of petroleum products were formerly located on the property.  OC&I alleges that Respondent violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1).  View the NOV.

January 8, 2024 – Water Pollution File No. OCI-22-194 X-ref FWW 22-0061, STW 22-028 and RIR102322 re:  PENDAR REALTY I, LLC, Richard Marcello d/b/a Cedar Forest Associates L.L.C. and LABONTE LANDSCAPE CONSTRUCTION INC for a property comprised of two separate lots located north and west of Cedar Forest Road, approximately 375 feet north of its intersection with Latham Farm Road, Assessor’s Plat 49, Lot 24, and Plat 50, Lot 52 in Smithfield, Rhode Island.  On September 22, 2003, Rhode Island’s Secretary of State revoked the Certificate of Organization for Cedar Forest Associates L.L.C. Upon information and belief, Richard Marcello is the last known manager of the company.  On June 22, 2022, RIDEM issued a freshwater wetlands Insignificant Alteration Permit and a General Permit for Stormwater Discharge Associated with Construction Activity to PENDAR REALTY I, LLC, Cedar Forest Associates L.L.C. and the Town of Smithfield, Rhode Island to extend Cedar Forest Road and construct 2 new single-family residences and associated infrastructure at the property.  OC&I believed that LABONTE LANDSCAPE CONSTRUCTION INC (“LABONTE”) was constructing the project. On July 12, 2023, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Water Pollution Act, Water Quality Regulations (250-RICR-150-05-1), Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1) and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-3). View the NOV.  Respondent LABONTE did not file an appeal of the NOV with AAD. Respondent Labonte provided information regarding its involvement with the construction at the property.  Based on a review of the information RIDEM decided to release the NOV as to Respondent LABONTE.

January 22, 2024 – OWTS File No. OCI-OWTS-13-70 re: Deborah DiIorio and Kenneth LeBlanc for property located at 2774 Hartford Avenue in Johnston, Rhode Island. The property includes a residential dwelling and is owned by Respondents. On November 25, 2013, OC&I issued a NOV to Respondents alleging that Respondents violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.  Respondents did not file an appeal of the NOV with AAD.  Respondents complied with the Order section of the NOV and paid the full penalty assessed in the NOV.

None filed this month.

January 17, 2024 – Dams State I.D. No. 027 (Sucker Pond Dam) and Superior Court File No. PM-2016-3853 re: Plaintiff Terrence Gray, Director, RIDEM v. Defendant Bliss Golf Investors, LLC for property located south of Lapham Farm Road, west of Victory Highway, north of the Burrillville-Glocester line and east of Steere Farm Road, in Burrillville, Rhode Island. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. Defendant owns the dam. On May 26, 2011, OC&I issued an NOV to Defendant alleging that Defendant violated RIDEM's Rules and Regulations for Dam Safety. View the NOV. Defendant did not file an appeal of the NOV with the AAD and did not comply with the NOV. On August 17, 2016, RIDEM filed a complaint in Superior Court asking the Court to order Defendant to fully comply with the NOV. View the Complaint. Given the age of the case RIDEM decided to dismiss the complaint without prejudice and conduct an inspection of the dam.